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Paging Justice Breyer

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Whoops: Arguments in a technical case at the Supreme Court really resonated Tuesday when Justice Stephen Breyer’s cell phone went off. Mobile devices are prohibited in the court during oral arguments. A spokeswoman for the court chalked up Breyer’s phone faux-paus as an oversight. “He doesn’t usually bring his phone and he forgot,” said Kathy […]

Yes, The First Amendment Does Protect So-Called ‘Hate Speech’

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Even the most offensive speech is protected by the First Amendment.

Supreme Court Makes It Harder For States To Keep Fines Paid By Exonerated Defendants

Gavel And Scales Of Justice

The Supreme Court made it harder for states to keep fines and other payments in cases where defendants are exonerated.

Supreme Court Considers Church-State Separation Case

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The Supreme Court heard oral argument yesterday in a case dealing with whether Missouri can deny a religious school from participating in a program to make school playgrounds safer.

Another Supreme Court Vacancy This Summer?

Supreme Court Building

The Chairman of the Senate Judiciary Committee is hinting at a new Supreme Court vacancy this summer.

Can States Require Candidates For President To Release Tax Returns? Probably Not.

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States are considering laws that would require candidates for President to release their tax returns, but such laws are probably unconstitutional.

Trudeau Introduces Bill To Legalize Marijuana In Canada

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Fulfilling a promise.

F.B.I. Obtained FISA Warrant For Top Trump Adviser

Trump Russia

A top Trump campaign adviser was the subject of a FISA warrant for at least part of last year.

Federal Court Finds That Texas Voter ID Law Is Intentionally Discriminatory

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A big win for opponents of Voter ID laws.

Robert Bentley Resigns As Alabama Governor Amid Scandal, Impeachment

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Alabama Governor Robert Bentley resigned from office late yesterday amid a sex scandal that led to impeachment proceedings against him that seemed likely to remove him from office: MONTGOMERY, Ala. — Gov. Robert Bentley resigned Monday rather than face impeachment and pleaded guilty to two misdemeanor campaign violations that arose during an investigation of his […]

United Breaks Passengers’ Sanity

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The background of the United incident, from an aviation law and policy perspective.

Neil Gorsuch Sworn In As Associate Justice Of Supreme Court

Judge Gorsuch is sworn in by Supreme Court Associate Justice Kennedy as U.S. President Trump watches in the Rose Garden of the White House in Washington

Judge Gorsuch is now Justice Gorsuch and it’s time to hit the ground running.

On the Evolution of SCOTUS

Supreme Court Building

When life terms means almost three decades on the bench, fights will be fierce.

Neil Gorsuch Confirmed As 113th Justice Of The Supreme Court

Neil Gorsuch

After a prolonged vacancy and a bitterly partisan confirmation process, Neil Gorsuch has been confirmed to succeed Antonin Scalia on the Supreme Court of the United States.

Senate Invokes ‘Nuclear Option’ As Gorsuch Nomination Heads To Final Vote

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As expected, Senate Republicans invoked the so-called ‘nuclear option’ to move the nomination of Judge Neil Gorsuch forward to a final vote on Friday.

Seventh Circuit Rules Discrimination Based On Sexual Orientation Barred By 1964 Law

Gavel And Scales Of Justice

The Seventh Circuit Court of Appeals has ruled that the Civil Rights Act of 1964 bars discrimination based on sexual orientation, but its reasoning is questionable at best.

Senate Committee Advances Gorsuch Nomination As ‘Nuclear Option’ Becomes Inevitable

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The Senate Judiciary Committee voted to advance the nomination of Judge Neil Gorsuch even as it became inevitable that Republicans would be forced to invoke the ‘nuclear option’ to confirm him to the Supreme Court.

The Politics of Gorsuch

Scalia Seat SCOTUS

The ordinary and the extraordinary with the latest SCOTUS nomination.

Dylann Roof Pleads Guilty To State-Level Murder Charges In Charleston Church Shootings

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With the exception of the mandatory Federal death penalty appeals, the legal process is basically over in the Charleston Church shootings.

Trump’s Former National Security Adviser Seeks Immunity Deal

US Army Lt General Flynn testifies before House Intelligence Committee in Washington

Lt. General Michael Flynn wants immunity before he agrees to testify before Congress. This could be significant, or it could mean nothing at all.

Senate Headed For ‘Nuclear Option’ Showdown Over Gorsuch Nomination

Neil Gorsuch

Next week’s big news is likely to be the Senate’s vote to confirm Neil Gorsuch to the Supreme Court, which could mean invocation of the so-called ‘nuclear option’ by Senate Republicans.

Senate Democratic Leader Schumer Vows To Filibuster Gorsuch Nomination

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Let the games begin.

Gorsuch Has Another Good Day In Front Of Senate Judiciary Committee

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More fireworks on the second day of the questioning of Neil Gorsuch, but his confirmation nonetheless seems assured.

Gorsuch Sails Through First Day Of Questioning

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Day One of the questioning of Judge Neil Gorsuch went very well, and it suggests that his path to confirmation is basically clear of serious obstacles.

FBI Director Contradicts Trump On Wiretap Claims, Confirms Investigation Of Campaign

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Two big admissions from the Director of the F.B.I. today are likely to lead to real political headaches for the Trump Administration.

With Gorsuch Hearings Set To Begin, It’s Democrats Who Are In The Hot Seat

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Judge Neil Gorsuch’s confirmation hearings begin Monday morning, but it’s Senate Democrats who are in the hot seat.

Lack Of Oxford Comma In Maine Law Could Cost Millions Of Dollars

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The lack of an Oxford comma in a Maine statute could end up costing a Maine dairy company millions of dollars: A class-action lawsuit about overtime pay for truck drivers hinged entirely on a debate that has bitterly divided friends, families and foes: The dreaded — or totally necessary — Oxford comma, perhaps the most […]

Trump’s Revised Muslim Travel Ban Blocked By Two Federal Judges

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Two more losses for the Trump Administration.

Senate Democrats Split On Strategy For Gorsuch Nomination

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Senate Democrats are divided on how to approach the nomination of Judge Neil Gorsuch to the Supreme Court, making it likely that he’ll be confirmed.

Trump Justice Department Tells Remaining U.S. Attorneys To Clean Out Their Desks

Department Of Justice Seal

An unusual, if not unexpected, mass firing at the Justice Department on Friday afternoon.

Hawaii Sues Trump Administration Over Renewed Muslim Ban Executive Order

Gavel And Scales Of Justice

Hawaii is the first state to challenge the Trump Administration’s revised Muslim travel ban.

Majority Supports Independent Counsel To Investigate Ties Between Russia, Trump Campaign

Trump Russia

A majority of Americans support appointment of an Independent Counsel to investigate Russian influence in the 2016 election and the Trump’s campaign’s ties to Russia, but we should be careful before taking this step.

Supreme Court Punts Transgender Bathroom Case Back To Fourth Circuit

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The Supreme Court has decided to return the case involving a transgender student’s right to use the bathroom corresponding to their gender identity to the Fourth Circuit rather than deciding it during this term.

Trump Administration Delays New Muslim Immigration Ban Order

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The announcement of a new Muslim travel ban Executive Order has been delayed once again.

Supreme Court Considers Whether There Is A Right To Access Twitter And Facebook

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The Supreme Court will now consider a case regarding whether or not a state can bar a former felon from accessing social media sites.

Military Judge Declines To Dismiss Case Against Bowe Bergdahl Based On Trump’s Comments

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A military judge has rejected a motion to dismiss the case against Bowe Bergdahl based on comments made by Donald Trump when he was a candidate for President.

Trump Continues His Unacceptable Attacks On The News Media

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The Trump Administration is continuing, and indeed expanding, its war on a free press.

White House Hints At Major Changes To Federal Policy Regarding Marijuana Legalization

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White House Press Secretary Sean Spicer hinted that the Federal Government may stop giving deference to states that have legalized marijuana.

Fourth Circuit Upholds Maryland’s Ban On So-Called “Assault Weapons”

Assault Weapons

The Fourth Circuit Court of Appeals has upheld Maryland’s ban on certain so-called “assault weapons,” but it’s unclear if the Supreme Court will even take up the case.

Trump Administration Rescinds Obama Era Guidelines On Transgender Students

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Not surprisingly, the Trump Administration has revoked guidelines to public schools that required accommodation of transgender students.

Washington Supreme Court Rules Against Florist Who Refused Service To Same-Sex Wedding

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The Washington State Supreme Court has ruled against a florist who refused to provide services for a same-sex wedding.

Judge In Bergdahl Court Martial Calls Trump’s Comments About Case ‘Disturbing’

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Could Donald Trump’s comments about Sgt. Bowe Bergdahl on the campaign trail lead to the case against Bergdahl being dismissed? A military judge will have to decide.

Republicans Looking At Plans To Break Up The Ninth Circuit

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Independent of the current controversy surrounding President Trump’s immigration order, Republicans in Congress are looking at a plan to break up the Ninth Circuit Court of Appeals.

Michael Flynn, Trump’s National Security Adviser, Under Fire For Lying About Contacts With Russia

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Could National Security Adviser Michael Flynn be the first to go under Trump?

Trump Advisor: There’s No Such Thing as Judicial Supremacy

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Stephen Miller said something very stupid on “Meet The Press” this morning.

Appeals Court Upholds Restraining Order Barring Trump’s Muslim Travel Ban

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Another judicial slap at the Trump Administration.

Judge Gorsuch Parts With Trump On Attacks On Judiciary

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Judge Gorsuch isn’t much of a fan of Donald Trump’s comments about the judiciary.

Jeff Sessions Confirmed As Attorney General

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After a highly contentious nomination process, Jeff Sessions was confirmed last night as the new Attorney General of the United States.

Appeals Court Judges Appear Skeptical Of Federal Government’s Defense Of Muslim Travel Ban

Gavel And Scales Of Justice

By the end of last night’s oral argument, at least two of the three judges hearing the appeal of the stay on the President’s Muslim travel ban appeared to be skeptical of the Federal Government’s arguments.

Ninth Circuit To Live Stream Hearing In Muslim Travel Ban Order Appeal

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The Ninth Circuit will be making the oral argument in the appeal of Judge Robart’s order halting an Executive Order issued by President Trump barring travel from seven majority Muslim nations. You can access the stream, by clicking this link. Oral argument begins at 6:00pm Eastern time. If you miss the hearing, it should still […]

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